Rule 101 – Evidence on which a burden may be cancelled or modified

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(1) On the application of any person interested in a registered burden or in the property on which it is registered, the Authority may cancel or modify the burden subject to compliance with the following conditions-

(a) Where the ownership of the burden is registered, the concurrence of its registered owner or his/her personal representative shall be required. No modification that would prejudice the rights of the owner of the property that the burden affects or of the owner of any other registered burden shall be made without the concurrence of that owner.

(b) Where the ownership of the burden is not registered or where the registered owner of the burden does not concur in the proposed cancellation or modification, the right of the applicant to the cancellation or modification applied for shall be proved to the satisfaction of the Authority; and the cancellation or modification shall be made only after such inquiries and notices as the Authority may direct.

(c) Where the burden is a covenant or condition relating to the use or enjoyment of property, the concurrence of all persons appearing to the Authority to be interested in the enforcement thereof shall be required.

(2) The application may be in Form 57A or 57B, as the case may be, adapted to suit the facts of the particular case.